Weirdly I think taking it to the extreme made your point somewhat worse. Something like theft versus kleptomania is just a punishment versus treatment scenario,

Weirdly I think taking it to the extreme made your point somewhat worse. Something like theft versus kleptomania is just a punishment versus treatment scenario, but I would definitely perceive someone who commits an unprovoked murder to inherently require psychological treatment, even if they don't meet the requirements of an insanity defence. But I do agree with the idea that letting someone off the hook for all consequences on account of a mental illness isn't viable. That makes things a lot harder for neurodivergent individuals, but that's why we should have extensive support programs and provide resources to help them cope with the expectations of general society. It's a tricky problem, because to meaningfully distinguish between someone who is mentally incapable of following a law and someone who is capable of doing so but systematically elects not to, you are functionally deciding which humans do and do not have free will on an individual basis. I think most people would believe that either all humans have free will, or no humans have free will, not somewhere in between, so this is a scenario that is uncomfortable to pretty much everyone.